[Ord. 8-14-1995, § 2300]
a.
Nonconforming use means a use, whether of land or of structure, which
does not comply with the applicable use provisions in a zoning ordinance
or amendment heretofore or hereafter enacted, where such use was lawfully
in existence prior to the enactment of such ordinance or amendment.
b.
Nonconforming structure or lot means a structure or lot, or part
of a structure or lot which does not comply with the applicable area,
dimensional, parking, buffer, environmental and all other provisions
of this chapter or amendment heretofore or hereafter enacted, where
such structure or lot lawfully existed prior to enactment of such
ordinance or amendment. Such nonconforming structures include but
are not limited to, nonconforming signs.
[Ord. 8-14-1995, § 2301]
The owner of the nonconforming use or structure shall, upon
adoption of this chapter or amendment thereof, register the nonconforming
use or structure with the Zoning Officer on forms available for this
purpose. The adoption of this chapter shall not invalidate any previously
registered nonconforming uses or structures.
[Ord. 8-14-1995, § 2302]
The lawful use of a building or structure or the lawful use
of any land as existing and lawful at the time of the enactment of
this chapter, or in the case of an amendment to this chapter then
at the time of such amendment, may be continued except as hereinafter
provided, although such use does not conform to the provisions of
this chapter or subsequent amendments.
[Ord. 8-14-1995, § 2303]
a.
A structure that does not conform with the dimensional, area, parking,
buffer, environmental and all other requirements of the district and
this chapter may be extended only if the extension meets all the requirements
of this chapter. However, such a structure may be extended by right
along the building lines of the existing nonconformity in keeping
with all applicable requirements of this chapter. Such extension shall
be permitted only one time, and then by special exception.
b.
A use that does not conform to the use regulations of the district
in which it is located may be extended by special exception provided
that:
1.
The proposed extension shall take place only upon the lot or contiguous
lots held in the same ownership as that existing at the time the use
became nonconforming. Permission to extend a nonconforming use as
described in this Part shall not be construed to mean that new use
or uses may be established. A nonconforming use shall be prohibited
from encroaching on another parcel of land subsequently added to the
original parcel.
2.
The proposed extension shall conform with the setback, yard, area,
dimensional, building height, parking, sign, environmental and other
requirements of the district in which said extension is located.
3.
Any increase in building or floor area shall not exceed an aggregate
of more than 50% of the building volume or floor area, whichever is
less, existent at the date the use became nonconforming under this
or previous ordinances, during the life of the nonconformity, and
in any event shall be permitted only by special exception under the
provisions of this chapter. Structures or land uses that have reached
their maximum expansion allowance under previous ordinances are not
eligible for any increase in building or floor area under this chapter.
A structure, which is nonconforming in terms of height, shall not
be extended to increase the height.
[Ord. 8-14-1995, § 2304]
Once changed to a conforming use, no structure or land shall
be permitted to revert to a nonconforming use. A nonconforming use
may be changed to another nonconforming use only under all of the
following conditions:
a.
Such change shall be permitted only as a special exception by the
Zoning Hearing Board.
b.
The applicant shall show that a nonconforming use cannot reasonably
be changed to a permitted use.
c.
The applicant shall show that the proposed change will be less objectionable
in external effects than the existing nonconforming use, with respect
to:
[Ord. 8-14-1995, § 2305]
If a nonconforming use of a building or land is abandoned for
a continuous period of one year, subsequent use of such building or
land shall be in conformity with the provisions of this chapter. For
the purpose of this chapter, abandonment shall commence when the nonconformity
use ceases.
[Ord. 8-14-1995, § 2306]
When a lot is sold to a new owner, a previously lawful nonconforming use may be continued by the new owner. A change in conformity is governed by § 27-2304.
[Ord. 2007-04-01, 4/26/2007]
A nonconforming building or any building containing a nonconforming
use wholly or partially destroyed by fire, explosion, flood or other
phenomenon or legally condemned may be reconstructed and used for
the same nonconforming use, provided that reconstruction of the building
shall be commenced within one year from the date the building was
destroyed or condemned and shall be carried on without interruption.
